What is a preliminary injunction in international litigation?
A preliminary injunction is a type of legal action sought in international litigation that aims to prevent a certain behavior from occurring before a case can be heard and a final judgment can be given. In Texas, when a party seeks a preliminary injunction, they must show the court that there is a substantial likelihood of success on the merits of the dispute, that irreparable harm will occur if the injunction is not granted, and that the balance of hardships favors the party seeking the injunction. A preliminary injunction is typically used in international disputes where a party is trying to prevent another from taking certain steps that would disrupt the outcome of the case, or cause the party to suffer irreparable harm. For example, if a company is exporting goods to a foreign country and another company tries to acquire a patent on those goods, the exporting company may seek a preliminary injunction to stop the patent acquisition process until the patent dispute can be resolved. The court will consider the individual facts of the case in order to determine whether a preliminary injunction is necessary. If the court finds that the party seeking the injunction is likely to suffer irreparable harm or that the balance of hardships favors the party, a preliminary injunction may be granted. Once issued, the injunction temporarily restrains whatever action was sought in the suit and will remain in effect until a final judgment is handed down.
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